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DECISION No. 51/2003/QD-BTC OF APRIL 15, 2003 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON SECURITIES CUSTODY, CLEARING AND REGISTRATION, ISSUED TOGETHER WITH DECISION No. 05/1999/QD-UBCK3 OF MARCH 27, 1999 AND DECISION No. 43/2000/QD-UBCK3 OF JUNE 14, 2000 OF THE CHAIRMAN OF THE STATE SECURITIES COMMISSION

THE MINISTER OF FINANCE

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government's Decree No. 48/1998/ND-CP of July 11, 1998 on securities and securities market;

Pursuant to the Prime Minister's Decision No. 127/1998/QD-TTg of July 11, 1998 on the establishment of the Securities Trading Center;

Pursuant to the Government Office's Official Dispatch No. 1046/VPCP-KTTH of March 10, 2003 amending Decision No. 79/2000/QD-UBCK and Decision No. 05/1999/QD-UBCK3;

At the proposal of the Chairman of the State Securities Commission,

DECIDES:

Article 1.- To amend a number of articles of the Regulation on securities custody, clearing and registration, issued together with Decision No. 05/1999/QD-UBCK3 of March 27, 1999 and Decision No. 43/2000/QD-UBCK3 of June 14, 2000 of the Chairman of the State Securities Commission, as follows:

1. Clause 5, Article 2 of Decision No. 05/1999/QD-UBCK 3 is amended as follows:

5. Custody member is a member securities firm or a commercial bank licensed by the State Securities Commission for custody operation in order to provide securities custody, clearing and registration services at the Securities Trading Center.

2. Clause 3, Article 18 of Decision No. 05/1999/QD-UBCK3 is amended as follows:

3. If investing organizations and/or individuals, that are not custody members, wish to have their securities kept in custody, they shall have to deposit their securities and carry out procedures to apply for opening securities custody accounts according to the Securities Trading Center's regulations.

3. Clause 5 of Article 18 (supplemented by Decision No. 43/2000/QD-UBCK3 of June 14, 2000) is amended as follows:

5. Foreign investing organizations and/or individuals, that wish to conduct activities of buying and/or selling securities at the Securities Trading Center, must file their applications for granting securities business registration numeral codes through custody members according to the Securities Trading Center's regulations.

4. Article 22 of Decision No. 05/1999/QD-UBCK3 is amended as follows:

Custody accounts opened by custody members at the Securities Trading Center are categorized as follows:

Domestic securities custody accounts mean securities custody accounts opened for the management of custody securities of investors being Vietnamese organizations and individuals;

Foreign securities custody accounts mean securities custody accounts opened for the management of custody securities of investors being foreign organizations and individuals.

Article 2.- This Decision takes implementation effect 15 days after its publication on the Official Gazette. All the previous regulations contrary to this Decision shall be no longer effective.

Article 3.- The Chairman of the State Securities Commission, the director of the Securities Trading Center and the heads of the concerned units shall have to implement this Decision.

For the Minister of Finance

Vice Minister
LE THI BANG TAM